ITEM 4. 17
CITY MANAGER' S REPORT
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFICATION OF THE CITY MANAGER' S
SIGNATURE AND APPROVE OPTION AND
TOWER LEASE AGREEMENT WITH VERIZON
WIRELESS FOR USE OF CITY OWNED TOWER
RECOMMENDATION: Adopt Resolution Ratifying City Manager' s Signature and Approving Option and Tower
Lease Agreement With Verizon Wireless for
Use of City Tower.
SUMMARY:
River Islands Development, LLC ( RID") completed construction of a large utility facility that includes water tanks, a water booster pump station, a significant sewer pump station, and a SCADA tower. RID decided to construct a SCADA tower that was taller than required so that the tower could include cell antennae to improve cell service in the River Islands Project and create a revenue stream from the lease payments by telecom companies (" rent"). RID transferred the land within the Employment Center to River Islands Employment Center, LLC ( RI- EC). Therefore, that is the entity with whom the City will enter into the Agreement for Operations of a Communications Tower in River Islands (` Agreement").
Verizon Wireless has requested the City to enter into an Option and Tower Lease Agreement ( Lease Agreement") to lease space on the City cell tower site and on the cell tower itself. The Lease Agreement has been negotiated with Verizon Wireless, who will occupy the second to the top location on the cell tower ( the top location is reserved for the City facilities) and will provide monthly rent for $ 2, 250 to the City, to reimburse RID based on the approved Agreement.
Staff recommends that the City Council adopt a resolution to ratify the City Manager' s signature and approve Option and Tower Lease Agreement with Verizon Wireless.
BACKGROUND:
Various entitlements require RID as the developer for the River Islands Project to construct certain public facilities and infrastructure that will be of benefit to their property. RID completed the construction of a large utility facility that includes water tanks, a water booster pump station, a significant sewer pump station, and a SCADA tower. RID developed a communications tower site (' Site") within the Employment Center District of the River Islands at Lathrop project and erected a communications tower (' Tower") to serve national cellular communication providers ( Providers"), including the City of Lathrop (" City"), River Islands, related public agencies, Lathrop Police Department and Lathrop- Manteca Fire District.
CITY MANAGER' S REPORT PAGE 2
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
RATIFICATION OF THE CITY MANAGER' S SIGNATURE AND APPROVE OPTION
AND TOWER LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF CITY
OWNED TOWER
RID transferred the land within the Employment Center to River Islands Employment Center, LLC ( RI- EC).
The Site provides space for the equipment to serve four (4) separate cell companies, and the tower itself includes an area for four ( 4) cell antennae. Now that the City owns the Site and Tower, the City can enter into lease agreements with Providers.
Verizon Wireless has requested the City of Lathrop enter into an Option and Tower Lease Agreement (" Lease Agreement") to lease space on the Site and the Tower. The Lease Agreement has been negotiated with Verizon Wireless, who will occupy the second to the top location on the cell tower ( the top location is reserved for the City facilities) and will provide monthly rent for $ 2, 250 to the City, to be used for reimbursement with RI- EC based on the approved Agreement. Under the Lease Agreement, rent paid by Verizon will increase by three ( 3) percent each year, beginning in year two ( 2). The initial term of the lease will be ten ( 10) years and will automatically renew for four ( 4) additional five ( 5) year terms.
REASON FOR RECOMMENDATION:
By placing their cell antennae on the cell tower, Verizon will enable the increase and improvement of wireless and cellular mobile communications capacities, for not only businesses and residents within the area but also for essential emergency response, community safety, commerce, recreation, and tourists/ commuters/ travelers that rely on consistent and reliable wireless communication all along the Interstate 5 corridor.
Police vehicles in the River Island area experience network service issues while the officers are attempting to utilize the equipment within the vehicles such as computers and radios. This cell tower would improve the network service in this area and rectify this issue, allowing officers to work more efficiently and efFectively. Additionally, the City will be paid monthly rent during the time the tower is used. Staff recommends that the City Council adopt a resolution to ratify the City Manager' s signature and approve Option and Tower Lease Agreement with Verizon Wireless.
FISCAL IMPACT:
Lease payments ($ 27, 000) received will be shared between the City and River Islands Employment Center, LLC ( RI- EC), 75% until fully reimbursed and 25% to the City in accordance with the Agreement for Operations of a Communications Tower in River Islands. Verizon Wireless will make payment to The City and the City will pay 75% of the payment to RI- EC. The total amount that will be reimbursed in a single year will be $ 20, 050 to RI- EC. The amount due to complete reimbursement fully is 246, 798. 40. The City will recognize the revenue of $ 6, 750 in Fiscal Year budget 2022- 23. Lease payments will fully fund maintenance of the site and the tower structure and will repay River Islands for increasing the tower height. The City' s share of the lease payments in excess of the maintenance costs will be available to the City for any use.
CITY MANAGER' S REPORT PAGE 3
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
RATIFICATION OF THE CITY MANAGER' S SIGNATURE AND APPROVE OPTION
AND TOWER LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF CITY
OWNED TOWER
Staff requests the following budget amendment for FY 2022- 2023:
Increase Revenue
Communications
1010- 15- 10- 371- 90- 01 6, 750
ATTACH M ENTS:
A. Resolution to Ratify City Mangers signature and approve Option and Tower Lease Agreement with New Verizon Wireless for Use of City Tower and Related Budget Amendment
B. Option and Tower Lease Agreement with Verizon Wireless CITY MANAGER' S REPORT PAGE 4
APRIL 10, 2023 CITY COUNCIL REGULAR MEETING
RATIFICATION OF THE CITY MANAGER' S SIGNATURE AND APPROVE OPTION
AND TOWER LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF CITY
OWNED TOWER
APPROVALS:
tif ' ` d
nandes Date
Infor ation Systems Director
o
C i J Date
Finance Di ctor
I—' -- y I / Zo
Michael King Date
Assistant Ci y Manager
y• . a.i... . .....
Y:
f -..;-,,:. 5
Salvador Navarrete Date
City Attorney
f•l• Z3
en J. Salvatore Date
City Manager
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING
CITY MANGER' S SIGNATURE AND APPROVING AN OPTION AND TOWER LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF CITY TOWER.
WHEREAS, River Islands Development, LLC, (" RID") the developer for the River Islands Project, is required under various entitlements to construct certain public facilities and infrastructure that will be of benefit to their property; and WHEREAS, RID is completing construction of a large utility facility that includes water tanks, a water booster pump station, a significant sewer pump station, and a SCADA tower; and
WHEREAS, RID has developed a communications tower site ( Site") within the Employment Center District of the River Islands at Lathrop project to erect a communications tower (" Tower") to serve national cellular communication providers Providers"), including City, River Islands, related public agencies and possibly Lathrop- Manteca Fire District; and
WHEREAS, RID has transferred the land within the Employment Center to River Islands Employment Center, LLC ( RI- EC), and so that is the entity with whom the City will enter into the Agreement for Construction and Operations of a Communications Tower in River Islands ( Agreement"); and WHEREAS, it has been determined that the additional height of the Tower can only be allowed if the City of Lathrop (" City") owns the facility, and so RI- EC offered to dedicate the Site and the Tower to the City; and
WHEREAS, Verizon Wireless has requested the City of Lathrop enter into an Option and Tower Lease Agreement (" Lease Agreement") in order to lease space on the cell tower site and the cell tower; and
WHEREAS, Verizon Wireless will occupy the second to the top ( ocation on the cell tower (the top location is reserved for the City facilities) and will provide monthly rent in the amount of$ 2, 250 to the City, to be shared with RID based on the approved Agreement; and
WHEREAS, accordance with the Lease Agreement, rent paid by Verizon Wireless will increase by 3 percent each year beginning in year two ( 2; and WHEREAS, the initial term of the lease will be ten ( 10) years, and will automatically renew for four ( 4) additional five ( 5) year terms; and WHEREAS, Lease payments ($ 27, 000) received will be shared between the City and River Islands Employment Center, LLC ( RI- EC), 75% until fully reimbursed and 25% to the City in accordance with the Agreement for Construction and Operations of a Communications Tower in River Islands; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby ratify City Manager' s signature and approve Option and Tower Lease Agreement with Verizon Wireless for the use of City- owned tower.
The foregoing resolution was passed and adopted this 10t'' day of April 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Market Northem Califomia
Cell Site Number: 558247
Search Ring Name: Ncw Lathrop
Cell Site Name• Cimis Court
OPTION AND TOWER LEASE AGREEMENT
THIS OPTION AND TOWER LEASE AGREEMENT(" Agreement"), dated as of the latter of the signature dates below( the" Effective Date"), is entered into by the City of Lathrop, a California municipal corporation, having a mailing address of 390 Towne Centre Drive, Lathrop, CA 95330(" Landlord"), and Sacramento- Valley Limited Partnership, a California limited partnership d/ b/ a Verizon Wireless, having a mailing address of One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, Attention:
Network Real Estate(" Tenant").
BACKGROUND
Landlord owns that certain plot, parce) or tract of land, as described on Exhibit 1, improved with a tower structure( the" Tower"), together with all rights and privileges arising in connection therewith, located in the City of Lathrop, County of San Joayuin, State of California ( collectively, the " Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business.
Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement.
The parties agree as follows:
1. OPTION TO LEASE.
a) Landlord grants to Tenant an option ( the " Option") to lease a portion of the Property consisting of:
i) approximately three hundred ( 300) square feet of ground space including the air space above such ground space, as described on attached Exhibit 1, for the placement of Tenant' s Communication Facility;
ii) space for any structural steel or other improvements to support Tenant' s eyuipment collectively, the space referenced in( i) and( ii) is the" Equipment Space"); iii) the portion ofthe Tower selected by Tenant and dedicated for Tenant' s exclusive use with a rad center of ninety feet ( 90') above ground ] evel as generally depicted on Exhibit 1 ( the " Tenant RAD Center"), and consisting of an envelope of five ( 5) contiguous vertical feet above the Tenant RAD Center and five ( 5) contiguous vertical feet below the Tenant RAll Center ( for an aggregate of ten ( 10) contiguous vertical feet of space)( collectively, the" Antenna Space Envelope"). Tenant shall have the right to locate, operate or maintain its communication equipment and improvements within the Antenna Space Envelope. The Antenna Space Envelope includes any area on a horizontal plane, extending in all directions from the Tower, that is perpendicular to such ten foot( 10') vertical envelope; and iv) those certain areas where Tenant' s conduits, wires, cables, cable trays and other necessary connections( and the cables, wires, and other necessary connections and improvements of such third parties related to Tenant, such as Tenant' s utility providers) are located between the Equipment Space and the Antenna Space Envelope, and between the Equipment Space and the electric power, telephone, fiber and fuel sources for the Property ( hereinafter collectively referred to as the " Connection Space"). Landlord agrees that Tenant shall have the right to install connections between TenanYs equipment in the Equipment Space and Antenna Space Envelope; and between Tenant' s equipment in the Equipment Space and the electric power, telephone, and fuel sources for the Property, and any other improvements. Landlord further agrees that Tenant shall have the right to install, replace and maintain utility lines, wires, poles, cables, conduits, pipes and other necessary connections over or along any right-of-way extending from the aforementioned 67288092v l Verizon Site( Cirrus Court) Option and Tower Lease Agreement public right- of-way to the Premises. Notwithstanding the foregoing, Tenant, to the extent feasible, shall locate all lines, wires, conduits and cables on existing poles extending from the roadway into Landlord' s Property.
The Equipment Space, Antenna Space, and Connection Space, are hereinafter collectively referred to as the Premises."
b) During the Option Term, and during the Term of this Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other geological or engineering tests or studies of the Property( collectively, the " Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant' s sole discretion for its use ofthe Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits ( collectively, the " Government Approvals"), initiate the ordering and/ or scheduling of necessary utilities, and otherwise to do those things on or offthe Property that, in the opinion of Tenant, are necessary in Tenant' s sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord' s title to the Property and the feasibility or suita.bility of the Property for Tenant' s Permitted Use, all at Tenant' s expense.
Tenant will not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Pmperty, whether or not such defect or condition is disc( osed by Tenant' s inspection.
Tenant will restore the Property to its condition as it existed at the commencement of the Option Term, reasonable wear and tear and loss by casualty or other causes beyond TenanYs control excepted. c) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum of Five Hundred and No/ 1o0 Dollars ($ 500. 00) within thirty( 30) business days of the Effective Date.
The Option will be for an initial term of one( l) year commencing on the Effective Date( the" Initial Option Term") and may be renewed by Tenant for an additional one( 1) year( the" Renewal Option Term") upon notification to Landlord and the payment of an additional Five Hundred and No/ 100 Dollars($ 500. 00) prior to the expiration date ofthe Initial Option Term. The Initial Option Term and any Renewal Option Term are collectively referred to as the" Option Term."
d) The Option may only be sold, assigned or transferred at any time by Tenant to an Affiliate of Tenant. Otherwise, the Option may not be sold, assigned or transferred without the written consent of Landlord, such consent not to be unreasonably withheld, conditioned or delayed. From and after the date the Option has been sold, assigned or transferred by Tenant to an Affiliate or a third party agreeing to be subject to the terms hereof, Tenant shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action. e) During the Option Term, Tenant may exercise the Option by notifying Landlord in writing.
IfTenant exercises the Option, then Landlord leases the Premises to Tenant subject to the terms and conditions of this Agreement. IfTenant does not exercise the Option during the Option Term or any extension thereof, this Agreement will terminate and the parties will have no further liability to each other.
If during the Option Term, or during the Term of this Agreement, Landlord decides to subdivide, sell, or change the status ofthe zoning ofthe Premises, Property or any of Landlord' s contiguous, adjoining or surrounding property ( the " Surrounding Property", which includes without limitation the remainder of the Tower) or in the event of foreclosure, Landlord shall immediately notify Tenant in writing.
Landlord agrees that during the Option Term, or during the Term of this Agreement if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the Premises, Properiy or Surrounding Property or impose or consent to any other use or restriction that would prevent or limit Tenant from using the Premises for the Permitted Use. Any and all terms and conditions of this Agreement that by their sense and context are intended to be applicable during the Option Term shall be so applicable. 2 Verizon Site( New Lathmp) Option and Tower Lease Ageement
2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas, I beams, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises ( collectively, the Communication Facility"), as well as the right to test, survey and review title on the Property; Tenant further has the right, but not the obligation, to add, modify and/ or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord ( collectively, the Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. IfExhibit 1 includes drawings ofthe initial installation of the Communication Facility, Landlord' s execution ofthis Agreement will signify Landlord' s approval of Exhibit i. Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord' s Surrounding Property as may reasonably be required during construction and installation of the Communication Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property' s main entry point to the equipment shelter or cabinet, and to make other improvements, alterations, upgrades or additions appropriate for Tenant' s Permitted Use, including the right to construct a fence around the Premises, install warning signs to make individuals aware of risks, install protective barriers, install any other control measures reasonably reyuired by TenanYs safety procedures or applicable] aw, and undertake any other appropriate means to secure the Premises at Tenant' s expense. Tenant has the right to install, modify, supplement, replace, upgrade, expand the eyuipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the Term ofthis Agreement. Tenant will be allowed to make such alterations to the Property in order to ensure that Tenant' s Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property( the" Additional Prem ises") for such modification or upgrade, Landlord shall comply with all Federal and State laws and agrees to negotiate a reasonable amended compensation structure to this Agreement in a timely manner, and will not unreasonably withhold approval.
3. TERM.
a) The initial lease term will be ten ( 10) years(" Initial Term"), commencing on the first day of the month following Tenant' s exercise of the Option ( the " Term Commencement Date"). The Initial Term will terminate on the tenth( 10') anniversary of the Term Commencement Date. b) This Agreement will automatically renew for four( 4) additionai five( 5) year term( s)( each additional five( 5) year term shall be defined as an" Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of TenanYs intention not to renew this Agreement at least sixty 60) days prior to the expiration ofthe Initial Term or then- existing Extension Term. c) Unless( i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six( 6) months prior to the expiration of the final Extension Term, or( ii) the Agreement is terminated as otherwisc permitted by this Agreement prior to the end of the final Extension Term, then upon the expiration of the final Extension Term this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one( 1) year, and for annual terms thereafter(" Annual Term") until terminated by either party by giving to the other written notice of its intention to so terminate at least six( 6) months prior to the end of any such Annual Term. Monthly rental during such Annual Terms shall be equal to the Rent paid for the last month of the final Extension Term. d) The Initial Term, any Extension Terms and any Annual Terms are collectively referred to as the" Term".
3 Verizon Site( New Lathrop) Option and Tower Lease Agreement
4. RENT.
a) Commencing on the Term Commencement Date( which is also referred to herein as the" Rent Commencement Date"), Tenant will pay Landlord on or before the fifth( 5`) day ofeach calendar month in advance Two Thousand Two Hundred fifty and No/ 100 Dollars($ 2, 250. 00)( the " Rent"), at the address set forth above. In any partiat month occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within sixty ( 60) days after the Rent Commencement Date.
b) In year two ( 2) of the Initial Term, and each year thereafter, including throughout any Extension Terms exercised, the monthly Rent will increase by Three Percent( 3. 0%) over the Rent paid during the previous year.
c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one ( 1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord.
The provisions of this subsection shall survive the termination or expiration of this Agreement.
5. APPROVALS.
a) Landlord agrees that Tenant' s ability to use the Premises is contingent upon the suitability of the Premises and Property far Tenant' s Permitted Use and Tenant' s ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant' s Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company ofits choice and to have the Property surveyed by a surveyor of its choice. c) Tenant may also perform and obtain, at Tenant' s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if TenanYs use of the Premises will be compatible with Tenant' s engineering specifications, system, design, operations or Government Approvals.
6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
a) by either party on thirty( 30) days prior written notice, ifthe other party remains in default under Section 15 ofthis Agreement after the applicable cure periods; b) by Tenant upon written notice to Landlord, if Te ant is unable to obtain, or maintain, any required approval( s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant;
c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses;
d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or
e) by Tenant upon sixty( 60) days' prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three( 3) months' Rent, at the then- current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement including the following: 6( a) Termination, 6( b) Termination, 6( c) Termination, 6( d) Termination, 11( d) Environmental, 18 Condemnation or 19 Casualty.
4 Verizon Site( New Lathrop) Option and Tower Lease Agrecment
7. INSURANCE.
a) During the Term, Tenant will carry, at its own cost and expense, the following insurance: ( i) workers' compensation insurance as required by law; and ( ii) commercial general liability( CGL) insurance with respect to its activities on the Property, such insurance to afford protection of up to Three Million Dollars 3, 000, 000) per occurrence and Six Million Dollars ($ 6, 000, 000) general aggregate, based on Insurance Services Office( ISO) Form or a substitute form providing substantially equivalent coverage. Tenant' s CGL insurance shall contain a provision including Landlord as an additional insured as their interests may appear under this Agreement. Such additional insured coverage:
i) shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors; ii) shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or independent contractors; and
iii) shall not exceed Tenant' s indemnification obligation under this Agreement, if any. b) Notwithstanding the foregoing, Tenant shall have the right to self-insure the coverages required in subsection( a). In the event Tenant elects to self-insure its obligation to include Landlord as an additional insured, the following provisions shall apply( in addition to those set forth in subsection( a)):
i) Landlord shall promptly and no later than thirty( 30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; ii) Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and
iii) Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like.
8. INTERFERENCE.
a) Prior to or concunent with the execution of this Agreement, Landlord has provided or will provide Tenant with a copy of the pre- existing Lease to New Cingular Wireless PCS, LLC, a Delaware limited liability company (" Cingular Lease") and a list of radio frequency user( s) and frequencies used on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with the tenant' s currently permitted use under the Cingular Lease or the existing radio frequency uses on the Property, as long as the tenant under the Cingular Lease and those existing radio frequency user( s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. b) Landlord will not grant, after the Effective Date of this Agreement, a lease, license or any other right to any third party, if thc exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights ofTenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
c) Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within two( 2) business days after receipt of notice of interference from Tenant. ln the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference ( except for intermittent testing to determine the cause of such interference) until the interference has been corrected.
d) For the purposes of this Agreement," interference" may include, but is not limited to, any use on the Property or Sunounding Property that causes electronic or physical obstruction with, or degradation of,the communications signals from the Communication Facility. 5 Verizon Site( New Lathrop) Option and Tower Lease Agreement
9. INDEMNIFICATION.
a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability ( or any claims in respect of the foregoing), costs or expenses ( including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal ofthe Communication Facility or Tenant's breach of any provision ofthis Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors.
b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability ( or any claims in respect of the foregoing), costs or expenses ( including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord, its employees, agents or independent contractors, or Landlord' s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors.
c) The indemnified party:( i) shall promptly provide the indemnifying pariy with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like;( ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent ofthe indemnifying pariy; and( iii) shall fully cooperate with the indemnifying party in the defense ofthe claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except( 1) to the extent the indemnifying party can show it was prejudiced by the delay; and( 2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given.
10. WARRANTIES.
a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. b) Landlord represents, warrants and agrees that:( i) Landlord solely owns the Property as a legal lot in fee simple, and solely owns the Tower;( ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant' s Permitted Use and enjoyment of the Premises under this Agreement; ( iii) as long as Tenant is not in default beyond all applicable notice and cure periods, then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises without hindrance or ejection by any persons lawfully claiming under Landlord;( iv) Landlord' s execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and( v) ifthe Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Landlord wili provide promptly to Tenant a mutually agreeable subordination, non- disturbance and attornment agreement executed by Landlord and the holder of such security interest.
11. ENVIRONMENTAL.
a) Landlord represents and warrants that, except as may be identified in Exhibit 11 attached to this Agreement,( i) the Property, as of the Effective Date of this Agreement, is free of hazardous substances, including asbestos- containing materials and lead paint, and ( ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation.
Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection ofthe environment or worker health and safety, as may now or at any time hereafter be in ef' ect, to the extent such apply to that party' s activity conducted in or on the Property.
6 Verizon Site( New 1. athrop) Oplion and Tower Lease Agreement b) Landlord and Tenant agree to hold hannless and indemnify the other from, and to assume all duties, responsibilities, and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitwes, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding (" Claims") to the extent arising from that party' s breach of its obligations or representations under Section 11( a). Lar dlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date of this Agreement or from such contamination caused by the acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant. c) The indemnifications of this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean- up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section i l will survive the expiration or termination of this Agrecment. d) In the event Tenant becomes aware of any hazardous substances on the Property, or any environmental, health or safety condition or matter relating to the Property that, in Tenant' s sole determination, renders the condition of the Premises or Property unsuitable for Tenant' s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a govemment agency or other third- party liability, then Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord.
12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty- four( 24) hour per day, seven( 7) day per week pedestrian and vehicular access (" Access") to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1, Landlord grants to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such Access at no additional cost to Tenant. Upon TenanYs request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property substantially in the form attached as Exhibit 12; upon TenanYs request, Landlord shall execute additional letters during the Term. If Tenant elects to utilize an Unmanned Aircraft System(" UAS") in connection with its installation, construction, monitoring, site audits, inspections, maintenance, repair, modification, or alteration activities at the Property, Landlord hereby grants Tenant, or any UAS operator acting on Tenant' s behalf, express permission to fly over the applicable Property and Premises, and consents to the use of audio and video navigation and recording in connection with the use of the UAS. Landlord acknowledges that in the event Tenant cannot obtain Access to the Premises, Tenant shall incur significant damage. lf Landlord fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement.
13. REMOVAL/ RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant' s personal property and, at Tenant' s option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature consiructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant' s removal activities. Any portions of the Communication Facility that Tenant does not remove within one hundred twenty( 120) days after the later of 7 Verizon Site( New Lathrop) Option and Tower Lease Agreement the end of the Term and cessation of TenanYs operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation.
14. MAINTENANCE/ UTILITIES.
a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted.
b) Landlord will maintain and repair the Property and access thereto, the Tower, and all areas ofthe Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition ofthis Agreement or any required permit. Landlord shall maintain the Tower' s structural integrity at all times( which shall mean that at no time will Landlord allow the Tower' s condition to become, or remain, overstressed under the applicable structural standards set forth in the then- current version of the ANSI TIA- 222). Landlord shall at all times during the Term ofthis Agreement reserve and have ready for Tenant' s immediate use sufficient structural loading capacity on the Tower to support Tenant' s installation of up to thirty-five thousand squarc inches( 35, 000 sq. in.) of Wind Load Surface Area, in the aggregate, of Communication Facilities anywhere on the Tower( the" Allowed Wind Load Surface Area")." Wind Load Surface Area" means the Flat Plate Equivalent Area, as defined in ANSI TIA standards, of any appurtenance( excluding all mounts, platforms, cables and other non- operating equipment) at ninety degrees( 90°) perpendicular to wind direction, possessing the characteristics of flat material, with associated drag factors. Landlord shall be responsible for the costs of all structural modifications to the Tower, including the costs of related Government Approvals or other approvals, to support the Allowed Wind Load Surface Area. In the event that Tenant has used the Allowed Wind Load Surface Area and an installation of a portion of the Communication Facility within the Antenna Space Envelope will require structural modifications to comply with the structural standards generally accepted within the telecommunications industry, Tenant will pay Landlord for the portion of the structural modifications that is necessary to support Tenant' s loading in excess ofthe Allowed Wind Load Surface Area.
In no event shall Tenant be responsible for Tower modification costs to support the installations of other tenants, licensees or other users of the Tower, or for the Tower to comply with applicable Laws so long as Tenant' s installation is within the Allowed Wind Load Surface Area. c) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from Landlord. When submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Landlord agrees that it will not include a markup on the utility charges. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/ or agent designated by Tenant. Tenant will remit payment within forty- five( 45) days of receipt of the usage data and required forms. As noted in Section 4( c) above, any utility fee recovery by Landlord is limited to a twelve( 12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty- four( 24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty- four( 24) hours per day, seven( 7) days per week. If an interruption in electrical power service occurs for an extended period of time, in Tenant' s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or fai[ure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
8 Verizon Site( New Latl rop) Option and Tower Lease ABreement d) Tenant will have the right to install utilities, at TenanYs expense, and to improve present utilities on the Property and the Premises. Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such companies may from time to time require in order to provide such services to the Premises. Upon Tenant' s or the service company' s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company.
15. DEFAULT AND RIGHT TO CURE.
a) The following will be deemed a default by Tenant and a breach of this Agreement:( i) nonpayment of Rent if such Rent remains unpaid for more than thirty( 30) days after written notice from Landlord of such failure to pay; or( ii) Tenant' s failure to perform any other term or condition under this Agreement within forty-five( 45) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. IfTenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity.
b) The following will be deemed a default by Landlord and a breach of this Agreement: ( i) Landlord' s failure to provide Access to the Premises as required by Section 12 of this Agreement within twenty- four ( 24) hours after written notice of such failure; ( ii) Landlord' s failure to cure an interference problem as required by Section 8 of this Agreement within two( 2) business days after written notice of such failure; or( iii) Landlord' s failure to perform any term, condition, or breach of any warranty or covenant under this Agreement within forty-five ( 45) days of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: ( 1) the right to cure Landlord' s default and to deduct the costs of such cure from monies due to Landlord from Tenant, and( 2) any and all other rights available to it under law and equity.
16. ASSIGNMENT/ SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part only to Affiliate or subsidiary of the Tenant, without Landlord' s consent. Upon notification to Landlord of such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment.
17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized ovemight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows:
If to Landlord: City of Lathrop
Attn: City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
With a
copy to: City of Lathrop
Attn: City Attorney
390 Towne Centre Drive
Lathrop, CA 95330
9 Verizon Site( Ncw Lathrop) Option and Tower Lease Agreement If to Tenant: Sacramento- Valley Limited Partnership
d/ b/ a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Site: New Lathrop Cirrus Court
Either party hereto may change the place for the giving of notice to it by thirty( 30) days' prior written notice to the other as provided herein.
18. CONDEMNATION. In the event Landlord receives notification of ar y condemnation proceedings affecting the Property, Landlord will provide notice ofthe proceeding to Tenant within forty- eight( 48) hours.
If a condemning authority takes all of the Property, or a portion sufficient, in Tenant' s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a prorated basis.
19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within foriy-eight( 48) hours ofthe casualty or other hann. Ifany part ofthe Communication Facility or the Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant' s sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as ofthe date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/ or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additio al Rent until the reconstruction of the Premises and/ or the Communication Facility is completed.
If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determinatio within thirty( 30) days after the casualty or other harm. If Landlord does not so notify Tenant, and Tenant decides not to terminate under this Section, then Landlord will promptly rebuild or restore any portion ofthe Property interfering with or reyuired for TenanYs Permitted Use ofthe Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/ or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property.
20. WAIVER OF LANDLORD' S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant' s right to remove all or any portion of the Communication Facility from time to time in TenanYs sole discretion and without Landlord' s consent.
21. TAXES.
a) Landlord shall be responsible for ( i) all taxes and assessments levied upon the lands, improvements and other property of Landlord including any such taxes that may be calculated by a taxing authority using any method, including the income method, ( ii) all sales, use, license, value added, l0
Verizon Site( New Lathrop) Option and Tower Lease Agreement documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar ta ces and fees imposed in connection with this Agreement, and( iii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of Rent payments by Landlord. Tenant shall be responsible for ( y) any taxes and assessments attributable to and levied upon Tenant' s leasehold improvements on the Premises if and as set forth in this Section 21 and( z) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar ta ces and fees imposed in connection with an assignment of this Agreement or sublease by Tenant. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord.
b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on TenanYs leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty( 30) days after the date of such notice of assessment_ If Landlord does not provide such notice or notices to Tenant in a timely manner and Tenant' s rights with respect to such taxes are prejudiced by the delay, Landlord shall reimburse Tenant for any increased costs directly resulting from the delay and Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If La dlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on TenanYs leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty( 30) days after Landlord' s payment ofthe taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonabiy requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord.
c) For any ta c amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. This right shall include the ability to institute any legal, regulatory or informal action in the name ofLandlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant' s action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of TenanYs intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the conlest, unless required by applicable law. d) Landlord shall not split or cause the tax parce) on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Tenant. e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21( e) due to such Landlord default, Tenant shall have the right to deduct such ta c amounts paid from any monies due to Landlord from Tenant as provided in Section 15( b), provided that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15( b).
Any tax-related notices shall be sent to Tenant in t6e manner set forth in Section 17. Promptly after the Effective Date, Landlord shall provide TenanYs notice address to the ta.acing authority for the authority' s use in the event the authority needs to communicate with Tenant. In the event that Tenant' s tax address changes by notice to Landlord, Landlord shali be required to provide Tenant' s new tax address to the taxing authority or authorities.
11 Verizon Site( New Lathrop) Option and Tower Lease Agreement g) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any ta c or assessment for which the Landlord is reimbursed or rebated by a third party.
22. SALE OF PROPERTY.
a) Landlord shall not be prohibited from the selling, leasing or use of any of the Property or the Sunounding Property except as provided below.
b) If Landlord, at any time during the Terrn of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part ofthe Property or Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant' s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (] 0) days of such transfer, Landlord or its successor shall send the documents listed below in this subsection( b) to Tenant. Until Tenant receives all such documents, Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement. i. Old deed to Property
ii. New deed to Property
iii. Bill of Sale or Transfer
iv. Copy of current Taac Bill
v. New IRS Form W- 9& CA FTB Form 590
vi. Completed and Signed Tenant Payment Direction Form
vii. Full contact information for new Landlord including phone number( s) c) Landlord agrees not to sell, lease or use any areas ofthe Property or Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Tenant' s Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Landlord or Landlord' s prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. Ifthe radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shatl be prohibited from selling, leasing or using any areas ofthe Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wiretess communications facility or equipment. d) The provisions of this Section shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations.
23. RENTAL STREAM OFFER lf at any time after the Effective Date of this Agreement, Landlord receives a bona fide written offer from a third party seeking an assignment or transfer of Rent payments associated with this Agreement(" Rental Stream Offer"), Landlord shall immediately furnish Tenant with a copy of the Rental Stream Ofticer. Tenant shall have the right within thirty( 30) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer.
Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the thirty ( 30) day period, Landlord may assign the right to receive Rent payments pursuant to the Rental Stream Offer, subject to the terms of this Agreement. If Landlord attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsibie for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Landlord complies with this Section.
12 Verizon Site( New Lathrop) Option and Tower Lease Agreement
24. MISCELLANE011S.
a) Amendment/ Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision ofthis Agreement or to require performance by t6e other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter.
b) Memorandum/ Short Form Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of Lease substantially ia the form attached as Exhibit 24( b). Either party may record this Memorandum of Lease at any time during the Option Term or the Term, as the case may be, in its absolute discretion. Thereafter during the Term of this Agreement, either party will, at any time upon fifteen ( 15) business days' prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease. c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability.
d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations (" Laws") applicable to Tenant' s use of the Communication Facility on the Property.
Landlord agrees to comply with all Laws relating to Landlord' s ownership and use of the Properiy and any improvements on the Property.
e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
Entire Agreement. This Agreement and the exhibits attached hereto, a11 being a pari hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses( including the fees and expenses ofits agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates. g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: ( i) captions are for convenience and reference only and in no way define or limit the construction ofthe terms ar d conditions hereof; (ii) use ofthe term" including" will be interpreted to mean including but not limited to"; ( iii) whenever a party' s consent is required under this Agreement, except as otherwise stated in this Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed;( iv) exhibits are an integral part ofthis Agreement and are incorporated by reference into this Agreement; ( v) use of the terms " termination" or " expiration" are interchangeable; ( vi) reference to a default will take into consideration any applicable notice, grace and cure periods; ( vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; ( viii) the singular use of words includes the plural where appropriate and ( ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired.
i) Affiliates. All references to" TenanY' shall be deemed to include any Affiliate of Tenant using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. " Affiliate" means with respect to a party to this Agreement, any person or entity that( directly or indirectly) controls, is controlled by, or under common control with, that party. " Control" of a person or 13 Verizon Site( New Lathrop) Option and Tower Lease Agreement entity means the power( directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration ofthis Agreement shall so survive. k) Standard Payment Direction Form/ W- 9/ FTB 590. As a condition precedent to payment, Landlord agrees to provide Tenant with a properly completed( i) Standard Payment Direction Form of Tenant; and( ii) IRS Form W- 9 and CA FTB Form 590, or their respective tax form equivalents, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant, including, any change in Landlord' s name or address.
1) Execution/ No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two( 2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each ofthe parties. All parties need not sign the same counterpart.
m) Attorneys' Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing pariy, including without limitation, reasonable attorneys' fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Tenant and their respective Affiliates to recover their fees and expenses.
n) WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY LAW,
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY
IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES.
o) Incidental Fees. Unless specified in this Agreement, no unilateral fees or additional costs or expenses are to be applied by either party to the other party, including review of plans, structural analyses, consents, provision of documents or other communications between the parties. p) Further Acts. Upon request, Landlord will cause to be promptly and duly taken, executed, acknowledged and delivered all such further acts, documents, and assurances as Tenant may request from time to time in order to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all transactions and permitted use contemplated by this Agreement.
Signatures appear on following page)
14 Verizon Site( New Lathrop) Option and Tower Lease Agreement IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the last date written below.
LANDLORD: TENANT:
City of Lathrop, Sacramento- Valley Limited Partnership, dba Verizon a California municipal corporation Wireless
Bv` By: AirTouch Cellular Inc., its
me: ephen J. Salvatore General P
Its: City Manager
Date: Z• tt- Z'; By:
Name:
Its:
Date: ,? /? 3
APPROVED AS TO FO M:
By:
Name: Salvador Navarrete
Its: City Attorney
Date: L` $' ZO Z 3
CwlejGu- ry coww.( r..,r t. T
I5
Verizon Site( New Lathrop) Option and Tower I, ease Agreement EXAIBIT 1
DESCRIPTION OF PROPERTY& PREMISES
2 to the Option and Tower Lease Agreement dated as of bYl/ I 21 by and between the
City of Lathrop, a Califomia municipal corporation, as Landlord, and Sacramento- Valley Limited Partnership, dba Verizon Wireless, as Tenant.
The Proaertv is legallv described as follows:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Being a portion ofParcel 1, as said parcel is shown on the map entitled" Tract 3876, River Islands, Phase 1 B, Large Lot Final Map", filed Mazch 31, 2016, in Book 42 of Maps and Plats, at Page 56, official records of San Joaquin County, more particularly described as follows:
BEGINNING at a point on the East line of J7 court, as said court is described in Document No. 2020- 076610, ofOfficial Records of San Joaquin County;
Thence along said East line, along a curve to the leR, having a radius of 56. 00 feet, from which point the radius point bears South 50° 36' S8" West, through a central angle of OS° 11' 29", an arc distance of 5. 07 feet; Thence, along a reverse curve, having a radius of 17. 00 feet, through a central angle of 44° 34' 31", an arc distance of 13. 23 feet;
Thence, North 24. 30 feet; thence, leaving said East line, East 90. 00 feet; thence, South 40.00 feet; thence, West 81. 72 feet to said point of beginning.
The Premises are described and/ or denicted as follows:
100% Construction Drawings( Sheets T- 1; C- 1; G2; A- 1; A- 2; A-3; A-4; A-5; A-6; A- 7; D- 1; D- 2; D-3; D- 4; D- 4. 1; E- l; E- 2; E- 3; G- 1; G- 2) Dated November, 2022, Prepared by Allstates Engineering& Surveying, and Consisting oftwenty( 20) Pages, Appear on Following Pages] Notes•
1. THIS EXHIBIT MAY BE REPLACED BY A LAND SURVEY AND/ OR CONSTRUCTION DRAWINGS OF THE PRF.MiSES ONCE RECEIVED BY TENANT.
Z. ANY SETBACK OF THE PKEMISES FROM THE PROPERTY' S BOUNDARIES SHALL BE THF, D STANCE REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORITIES.
3. WIDTH OF ACCESS ROAD SHALL BE THE WIDTH REQUIRED BY THE APPLICABLE GOVERNMENTAL AUTHORIT[ ES, 1NCLUDING POLICE AND FIRE DEPARTMENTS.
4. THE TYPE, NUMBER AND MOUNTINC POSITIONS AND LOCATIONS OF ANTENNAS AND TRANSM[ SSION LINES ARE ILLUSTRATIVE ONLY. ACTUAL TYPES, NUMBERS AND MOUNTING POSITIONS MAY VARY FROM WHAT IS SHOWN ABOVE. 16 Verizon Site( New Lathrop) Option and Tower Lease Agreement A 8 R
C # p
3 a o€
O a
N
ff g3 ~
g3
R
Y
IY k = Q c N
i 4 J 90
F
e
g=
t - ' g 3E
F
o< r
Z
0 0 0
Z
o; m
W
o
d
o ' o
a
Z
W
CCo= a
a V ''
Z ss S s; s' a
x
E€€ p
Ad
3 z a z a a a;
F. Q t
a
F: a
n.. _ nT.: s 3 a
i i 1 1 i i l o n c o o v o 080}` d
U rn
a
t.' o b z'{
O R'
j
9 W
Z^ p ifd a
o
F E -
d
Y =
a C a
W , g
q Z =
4b 6_-
j 3"'' F- - j
J Q o s W
s
5g jg S baS 7
o
o W a. 9% 5 a sty= a Yr; e..
m e a`
a
g LL
m a s; g a ` ^
kk Z y€ a W s$
p eE' Q ti O a v i Q
r '
3 F
2 `' u 55 2. a
L2' 8~
g
5 C! 4 M
Z Z a . 4a w w Qff$ s W3 m cv U U_ v. c
p a e' y g
W Y &
5 0
3<:"
S
w ff
j
V 6
d
ff O~ E a y a oo`'° E S
WO ' stS n'a13' G z ' S g os w
y
ilsru S . 5 , w G- y
r- .
v f
s 4
a 3 5 9 oi u z abE r
N = k$ ae 4' SW' ap4 °
o
W ° na s: : a
W r U H Q
S
F V' W U p Z O
ozao; k z a
wc° d n aaa W W 8 , o
kg
2 W '
S CF 3 :
Y d S C
o N a x '_
o
Q o b b; n g
I I ' I
o
e
w , ,
I
O W ii: 3 aRoRh»» sii:
I I I I I I
Z Rx 18 9
W T F g a m s
F
3 a y
y
q} 0 b£ G' -, y: r o I
i{ t. a " 5
i
g
e 4 a a
s B N < f ed U g3` r J` o3nSW : C3i= 9
o o
N
s
W
Q
z
O
a
x>{'
8 z
V : °
W 3
N 4
0 G$ $ g •
y
E
o
a g A_ Z
aa a
v
9 Yij j S F fr rr F
2f ............
3t
y
YYYY
i= 3 5
G" Y p0o
i5 g
Q M
O a
b:
00.. W
N 3 _ g R o` X s.. 3
L vw] 3 c
e," ° °
Z N N
V
g 3 •¢. 3 p
ns
r z ox
8 CGa dn
9 3
F Z
3 I I $$ 8$ rg_ S S R R e S Y s 7 : t
a'
R W3W.,..
N$'
ffi
n^ €
g
@
R
y 9
yd i
888 8 88636;. p a
8 8 8 S$ 8 8
s$$$$ 18$$$$ z 0
u ' il Sy RB^ ca a 3 a
k
y
I
ro y €.
M1,
E
z " '
p '
g
g ,
3 a
Ii a. e• i n
J
l ma' y
w
siro' i
I ,
vf, qoa3:' : o•.
v
Rx
Q
r.
g
uuabwe zN iao — 9\ i rA83
wea• te u a i -. oc' SS^ g
l^ h eS
6 OtrR„ S
f
ag ` i. 6 4 4
a R
b a 3 g a 5 R? es
j noocr-- - -------
r,
ssnoo ena I
tit s:
ry.
l
3 s•'•'' A-' 1 ' t• ' rY' C r.' l
e/ S
s•; . •. :
r
NulOM 1CWl•
y
d
y,
f.
Ctp j
M EFW
f
SF
F
I ` p
Ffj
s • 4ih' ti 8 tlQi¢' a
g g y <
e ` a. c.
y €
@ f g r ° s .. g
3 8 ,
y `\__":
otl^
d : se# #? S:
b
e
ixne, san. M. ow... w, wu.-, yv. n en= a y
d
4 s.
ug
R ,
f_^-b
I
u n 3mn rmr i maw- ua is
o
A
s
8 tli
g
9 r
x 8:
y 3
Y a
Y S
y
O
g
k EA $ ig :
s 9 3 a a _ '`
g
y t s 7 =_
tnb ut a
kg ss ea o?
2 a' t S h u
@@
5 Y 6
i p F 8
e
i
W -,:
Q I
k
t Y
g
2 i ` F
g R ' R i W
S Q. p 4 °
O
8 g gbd 8r gY RCC O
ffi
r g$ ste g B
a> o
o"
n Yt S E'
g i €
g .,
p o' o € _ `
y „ ge
n _
y
y
@ e 8 ` " a < 8. 3 8
P 3 ' R' 4 4 e be c , t
I I I
i $
g
E
y# `
s < R stqeR< ,- B Sp` I I I I I z_ d ri s . .: ri8 : $ g 3R i Ye R
Y Y Y Y
6 Y
O 0
C Gb OA~ Or
N ', va a
6 ^-' y Q i . !
e
a c o< X x` N
3' pt rWaW r
L
g
p
W
M
J S R
g
E C ^
r,'
ar
s S
S
3 N O H f M IOr i U
R 5 •" Q.
E
C
r
Z = n
C< F2 iwg — »
e
z R , b €
7 s 9 @ z z e
o
s
R
n ffi e g 8 = s
y
@ _ . s
3 4g g + 4 g t g
f h
9 S
QQs a $ ' a a
R'
i g= ;
8 ya €
a : k
9 g
91 y R
@6 L` ' $' Y.
8 b ei d8 C C3 3
3 3
s
p
3 S N< S R
p
d ' d
xt $ g ao g W } $ s 3 €
S s
g d s g a € ia g
a is
E
p . o g a
R aA 2n @ 4 K
S $ w $
y b'' €„
i
y a " .
s:
L 6 s a
g
e ' 3
o _ gk s
a
p '
o rt' g ' ag s a 3 a
ui 8 Y
e
a [
7 o
g
e
e o " . +
1 . g 9 e _
a . & 7@ e "
s < S ` Ic E S
o
f a . .- 4k r as < o s s : `
x l x,?' e ° e em a" " Y R & n5 6g t R .
a 9 g q a g_ € t ' W
N . p y ' F g "
b=
3 4 - E 4 E E B , gR` a @9 7b
6 ,# . b . a $ 8 e 3R < N € $ a m
A .. x
j
a
o o
3 d `: s 4 . 4
F Fgg : N 3 ;
p- o
a @0 s, of go a G Q
i.. Rg a
R
e ii' 3
a
z 5
o. .
r
r
a E' AR'T FtD
w
s ,,
aa /
a
w' "' x
i
i
r
i + i
i i
i i i
I I , 1
I 1 I o
I I II 1 0
I zo `\
j
I
I
i, i
a o
I ' I a
I I
I /
i I
I
I
I
I
I
I
1 I W I
a I
I
e I O
I _ I _
r- - o ,
i
r i
i i \
i
i
i ii i
h-- -
I I;
1 I
v
I I I I
I Y' L
1 1 : I 8 I
I 1 , '. r I c.>
I I i
e I
1 1 I I
1 / I
I I
I I ( I ti
I l i I j
I
1 1
I / j I g
1 I---- W
J.----------- I
L
I
I------------ fi 1T Tl t
c_ /' L__ ER.. WE i
I I II II II W
O
A
a
y
gy = a
a a
N S
C Y
3 tl G
e
t ]
F = 0<
U h N \
Y
6 W
6 0 s8 i
g
o 8 W t Q
i J=
y
F -
a •
s" eR W=
a
z g
Z
d r
i x
i
i
i
o
I 1 S
P
g ¢
o 1 1
a I - ----- i
I
i
I
I
1 - I oo"•'•
i l I 1 '
m--; _
i i
1 I
i I -, ' I .
I
I ___\ \ ' .
Y ";` `
r
i
9 11
J. SII2IlII/ J,2If10 Gf ------- 5 ------ i
II
g
i
w
r N
j .
i
zw
f-- s A
R R
O o w
N 3
i a¢ 3 4 ` ,
3 e g ~'
z
3 5 (+ 7
a ?
g
ad
L
5 . p
0 F
o ,
S
C'
C iS$ W
Z P Ny A
9 S
Q
6 W
o.
O-' OY
N
ri a
Y
I
I
L
eg I
I
J
I
I ---- ----- :-. -- i
I
I
I
c,,,'
I -- i
g
L
s$ > R o i`,` i.: I
t ii i
a
I
3 I 3
I
ya I
I
ap \\\'\
v
I ?
a
i
3Y!
ub
I
I '
I
Z
I
r,
a g
I
F _ y a
F
3 1 ,+^ :„' n: '<:.: <.:''
Fx F
E
t' '" ';
I
1 Y
g
r na':, .;;;. h' ,;..-
y'
N
I
y
Q
r,
w I
i' i i
O
I Q„ a.----
a
I Z
I I N
o
r!---
I
9 g
Z
W
r
R A
F y
O r'g W'• 6 E
a ` '
p
W a3 S3 P : 3 Q - x J ' a
N - S -- v •
J
a
k O< wF
Q i W _ 96 63 gz$
oo
Z3., a
G
g
a
F
w
5 ' oS
F
E e°
Z
a
a -
x
aS
rF
3w. vn wn moada. e
I
oa
w. a owo>.. u. iarm wzn mxaosa
t b O-. 1
5 5:.
J. ' ` I
w+ l," Zi I # s
Mf ,
i,
e ,, I.
i
11 I., .' fi
s
i y i
ll T' '
T /
t
I
r11 r11 I ___ 1 O I
F-'- i i I T I
11 II // I k
2 g u
r
n i
Q i ii i" ii i i I
p WI
P, i
j 1L_ 1 p . a. l" ri IL_ J . Nc:.': i_':,... __ J __`-___ s ' ,:' a: u ,°; a u
r :.,; nn ---
i
s:: e^' r,:'" I I A .(` t.
tt„'
r =
a '
c
i4 '.
Y
T
i
I
C
f,
t£, ^;,.
t
4£^ aJi I w , A.., ,.. n, n:''; r't,+.brfi_ ,+
i§ i i i, i ii
I" u
w-. ..
n ..-. .. II .
t- F % w . e- h = '°
i n I
u
G G
s
g
a n
s s z
a
o
a ` g
W
d
O
W
G
WN
O
a
0 Q
a
A
8 R
g J`=
i
z
uJ`-
z8 $ 7
a
n
6 N a"
g'
e ¢ g o 3 --_ n
s
g
a
Y g 64 i g g 8 g
W _. , Q
A
6 G W q? _ 3
Z S =
3 r
o
x
d
c
00o
J
0 0
0 0
0 0
0 o Z
0 o g
o
p
o a
5 O
g
Q2
2HQW2
Z
H
Nx
W
N
m
s f 3 £ o° 3 e
e'} ffi i ; g
B
3 g
m
A
K H h
n
o - - - - - - -
s
Q
V
h a a a q
O O
a
4 4 4 4 4 4
p 0
o - - - - - - O z: n, oe
s°R'rlwev„
o
oY
o o `
oQ
O
O
O .
a
U
F V V
W
U ga
b a g
u" u u
p
Z
G t u 8 a
g^ r
a
R g 8 b P R_ o
U W s s N
i 'Y O
o ' " 1 - S u G ii 0
vw v
e
v a vwwro Q
a
R R e
g o.
0 S 3 d p 1 Qi , •
i ¢ _
o
N F- d` c Z ( p
r - y
3 a 6 C c
6 q $ ` g G W Q
L w ' F eR W s" E W
Q:.' Z S
m
Ai- Jiir
I
SYM1l1NV M3IMMYJ tl3n10( 3) JO rti1H3J OYM _____.__"_—_— __ __.___.— ¢ b J.' 101i y -
e;
I k ,
S
y
i b
i
i
0 o
0 Z
O
o Q
e
s e x
4 3t 3
O
2 E 7E 2
FNXW
N
s
mu aaw. nri so aoi
i-acir icuana.i( a) ao
i-ans
siww Awn( a)+ o naun ava
W- 1n
a31aW) alnlO( 3) l M31nn a' M
G-. 1JIi
VIMIM lilllA MN iiPO1Y l U1113J U' tl
1 o
p
I
j
I
j 5 %
f
y
II I 3
d
i
t
I i
g
e
O
I Z
a
o
r Q -
s
g s
c
Y i y
0 a
0 a
v
A R A
C g 3 wz s
YJ 3 d F ` ' a[ iJ.' F i
N $ a ti
C
i w --- g a BC o
oY °
6 gi$ Q
g
b
T
aa u a, so eoi
cci. g5
nunHw[ a) r roa 2
a- uis _'__.... ._
o
Ciw w. uua( a) o n lru aw W
o b AI- llli
F
x iaem a3n t l. o aa. n m-n
3g-' ` 3b ei
a al
e
I
O
O
O
4 ea e o
FY 5ff 5 a
g W
a J
E F
NQW
7 2
N
W
N
aon iriur n do aol
rwc s
31LU0 W( 3) d0 Mi
d- blli
lN'tlH 41dLA( i) iD M3lNiJ Wtl
A- uis
cvrenirn naiuur a nia h) n n u n a. a
I d-. as
6YN1LM' 13M1' d WA_.—.. JO YIINiJ OW b b
I
a
5 :
I
I y '
q
I i `+I
o
d
0 I o
O
i 3
s
s . ; a
v x N
a a oW
N
O
a
0 a
A
R R R
3 y
W O S'3 4• d3 4Q :. g xo o r
N i- F— g 3 9
a' g Y ¢
o Z
1 f' vW] ._"
a - 6 0
p 8 3 h& a 4 s d
w
W
g
F
3 b Y! = a
o( k
Z
W
N
E
n„ s
e
a n . o
a
t
t<,,.,,:
e
30 Q
o
E r;r
4 a
o
r '
W s " L ' p
s r• 7
e
LL
e{.;..+'..'.; :%,.;. H.) Q C
r ,1 a a p a
@? 5 V e
vno` vaev u3u
d $
i
b
Q 8 1 z
V
fiy p O N Z
5 a U
a e+
r.i . a- z d- a . L
t
W
if a
ii s & s
t t,
a
F
e. tlu - A' A ` '-
Y
C
I
O m t'A+
e b o e 3 aa 3F
k
2 aa 5
r. t A-. t , oYq
y E b"
z s a = a as
Y
k Wz
r
Y 4 6b 6$ 3 g3':
6L
C
k n3 y y Y : i
p 8 R, , . .
e
a Z_s ,
R
Gq
re• .,.. n., r,-..' r' a
i. §
W,
t db a
9 m
i+ w P
8' g 3"
a
inY'
3 F .,,_ s c: e 5cb
Y p E . ...........
w
IA
1 IT
2Y
y
G $ Q "_ A f A- A x_
a§ a a
ts
8 g Y 9 W
aa
tg m 5 5
H y
2 y^
b
i. 4+:3
R : , :
cc,:;
t:
I
a
Y
tW
O W g a
N a $ a 3 bi
i
A J
I
a 14 X g
N
9 3a
s o. c ra a• .. 3 a.. ...,
1-. 9 y
r
p R A
t
E
a
N e
3 r ,, • o _ N
L
6 4
o ,
8 3
W
R . Ati W
i i a
z 3 '
a
o< r e
O
W
N
c K
p
1y i n F
yW
xX l ^ 5
g
5 Lr 2 s 3 0.
4 k $ e- a o-, r
A c ' E W
z
F
p
d-. c p.f`'--
P
3 9 4
s
U
J
d
tl
j
Q i
H J
W - i
a u
x
G- C ` Y 3 " d '
k
F s
pv a ^ 3
t
P $ _. s
s } i 3
t W E' Io 0 9 O r = A- 4' R` " ~ n
i W
m Q R 3 ` °" y > o Y Q
LL S ieS ° 3 $
A s
S
n a
i
2 lF Mc = a
rF r c8 u ` n' r
Izl o' O P 6
FQ
5 "> 3i e C.1
3 a g
9 d``• a
a ; ne F
3a s s„ 8 w
Y
3 p n ° tl
ac I e ^
O 1 a 5 m J
a
y ^ 3 W W gg
e
E p o
a lo a e
o a a
n =
g
S s
x „ N N
gW
yB$& @
F
gq
o
t..r. W W
5 ?
e 3 F
p y5
o S
F
N t7 ' n E J C C 8 8 e
W 1 10
4 ft
q a
a
it
r
a o
r
a
s: a e
3 1
z
z
o kr ` uu+u+».. ,
H
y m
o W
e .:•§
W
Y,
C
a 6 5 a
o
r
i
3$ a<„.< 3 0
Z W .............
8 R R
A
q g
a
aF
j a '--'= 46
S
9 E
a o
W < „
O 3 E3 t 3` ' 4, oa
o M
N ' 3 F—" z
g
s ° p -$ 3 W
W F
gD
a ,
cP" e 3i`'$ a '
Q Z g
W
a t
C N
G YY }
y
y j:
g
r,,,.p._. , . .. ......... a 3 d St y S
8 Y
i
35 og 4E R
Y LL
m.
3 a
z
z o
e $ r« ~ : w cs
Z
z c7
a • Y
a
Z
Z
t.
w s O
a a a
z F a
s 3 g
a
s . . . . .
u Q P ff
z
ro u a
9 at a j'
i} i
R
Y
0° 0
0 / 0°
e
J
o
1 ^ e
i
a
N
z
ooz
p Z
n
W
Z '
a
E i; $ Q
e
o'G wi . a
ER Z °
a
V a
f
R
4 U
Q a F a a 8om; Z
01 o m A
P
W
r. 3 £<
n"
5 s , ti' X
H•. ' 4, S
r t
E
u1' a„
e
r
4 «: .
r
DC A' SI
g
i .
X
3 y •
3 R
Z r 4
g3 0 g O
3 ;_ i Q a
o ? i i V o
3 N V
LL
z
a u.
I ^ i V Q
a V
x ncis. 9i I
an ° N
p '
1 itlna ac' a5i . vi
Z •-•• R a Y
a
t R A
O; _ 6 3 9
y
O W
rc
O S s ¢= 5 F = g y
N
e- 3 —;
p
d; " t`,
1 8
9S x
o- 636, 3 goy$ Wz=
z
C/]
y
i
Ry a
9 g8
S
Si
R
g '<
f
Y
3 o
z S
a
N r
d
F
bo o
R' .. 0
i
ST X 1 4 M=
ei
Yi ) x
j- - o
g
r; c
SG
d Z{
z Ct z J ----
b Z i g Q o F
V
i
al F
r.,
a j d
S j C 4
y p J
G"_ .
1 ff e a V 1 F
g aa, i
z ry 4' ! : a W
eLLo: . : 3 a
a m a
bi83 bJ
r
p
L L FNww la!
t W ` Up F
ry
W
g Z 5
u o Z
i 7 W
iS wFw w
a {( W
LE 03 31 C
i M
b h i
Y
z
0 t Wt
n" ..-..-.
0 Il a
i u
I -\__.________.__'__._.'." L:
s .,_ t_'_'____ \
F
a' <> A '''
3 • o
9 ~ Z
a iy Q
U
X k.
a,
4R
i
e
G
a
e $% t. w1 a
n
g ' ; J------- i.._,--
d• J S`
E W m 0
Z
p 1
e g F.__
1 a aI
9 j,
z
i—
1. y
i
J C7
k O
y
m Z
g
r z
5 a
o
H = M1 Y _: J : W;
p
b z
s 5 r W
n$
W W 3
m c
x x
p j
o
0 0 A
S„ . -
V
Z
z
W
7 A A A e
pp
C r
d
a
z
3 G: 3 4 :. a
N e _. f g'
s `
o
i/ g g° 4
6 e 3$ W 0
W
2.,
R 6
a7t
W ' d€ A
dtl
z g W `
o. rag
r' , ; e Ef ; f e[ ; r [ I
f c i rE ) ef
4) j1 r
t
t ii!). ll 1 t
i
i ; pp ' ! a
i ` '
J - -"
t
111 I
I"
t !'' '
ef !{ aEi f i I
R
I.... I........... I..... I. I.
Rc
j
I j ( j ! M( E j Z ll -- I f 1 6 '.... . 7...... I... ' .. .. 6 I f1{ i ;!{ t
z
l. . .. ... ........... ....... .
i
i
j . I.......... 1 I 1 i l,, i........
f
9 a 1
i ;
f j ' 1 I i` ' f - ; 6
6 '........ .. ..... ..... 6 i 9
r '
i I
i
i i l 1 j
I h l t i
a t
r
s
r R a
i !:
3 a 3E o11
i
t — 0 I
L i . _ . 1 ' ; 1 ,. 1 1
r
y A 8
t Y
i a W p z
S
3 o a
W o O , Q'", r .` S , xo iZ
N 3 ~' '
o a_e i
V] — k 6
6 F '
c
aR w=% i
W
z
Z g
o
A
ff< W
o o < _ = 3 g ;
s ; g : o a `- W j 3
y,
W _ W o W
g 3 5
t a W j
j; c W 4 a s zp j sx a $ " o " e a
k, o p a
m? ag g
a } 9v- a s. W
a= y go . - 3= Y a K r ' s ? r "< r -
c 5 @- x x ` 34 .. $ $ a" r & o G $ $ e
g 4 5
y
4 c' g € 6 ' s
d
x' € a a d= g y
TS 3 " ` ° a
e t C a ` xo#„ a, e a,
ot a e a a E 9,. e a
W Vz .
i a xE u a B„ - a „ e a <
S s
3 x a
y
x a§ o Y s `
o ";,, oS g "' ' " a i
y -
i 3a e 8 g = oa i , $
Q ; as "' sa o - . e„ a6 < e s
e e 5
y
P x a
6 '
os
aa § g
a
jR3 Y 5€ , S C. Q 6 g. e A8Wffi g g 9= 5 i t
s a
W G ° 3 9 `- C 6
r
o iW'
y
o o g ;, a W ' t
s
4, a t ° a ot ° s 6 , Y° FY
a a e o $ s"
6 D "
e j s a z " '
5 R e 5 ' o
Q"
e g
s " § £ a 3
g a e e e; . e e k ;, d ^ o a^ , t C §
t a z € e 8s o a q z ¢ o s „ :
4 3
u
F a sa ae "
W
g
8 R a 3 E - 3 d. e F g
n
b
a z : g W a. g. r§x € 6
ax q" ag a '° _ s
o ' § my ^ g 6
6 E _ e P S - o fgz W
Y. 7 } i .'' ff 3
6 cs 3• W Y ' - a , . Y
t < ` > a a
ns W b
aq _ ' R W a„ : n o
a g = r R '
a : '
W r oo 3 yW
j
s - - e_ 5 e r
W & °
t
E ga € a s i s s a a: g € B ff
e m : c°` j •^W§_
Y
o, 6
s8 2 "-'
05 ' n §$
s
i
Y s '
s l
g § # y
e g s a wx g W ,
e§ 9 ° e< = 3z Y i a i$ § =+ < d s d x -
Q` _ " "' - -
o a _ ,. ,
o
i i
s W b a ' m ia w 3a a psi a
o t ° z a
e ^ 3 - a § g 3g § as o €: WS. ` o a > } a
gs ,'; 6 g } x -
3 sY ' 5 s, W. o g
k j a
a et
V--=
o
t W
W x t^.
a
Y=
g 3 ' . ff a a
wW q n c
s
c 6 x; s . _€ $-
ay
a S Y€ s «., 3 • s.. W
R o §
a .
a g ff a r^ E 3 s ' j a°-
g e 5 =- Ya s - °
e , e r5 KW - n
a € z <
t F 9 ;
gn ,
a $ S
ff a ff. k o e a p s
g Y - . eWW $- ni o ' W r E 4 3 `` it ^ 9 ' SY', E o ' 3; yd , 3 § 5§ i d '` s ' s c ^ a ' t e- y , e - a ;
o s. o< §
W3= sp o Wa' sa a^ 㤠a a
a z e. o a = o= €= " x '-
a
a aa 3 v e' 3ar° 3 o $-. y e ' E = 3 ` J .,
WK .$
p
e $• eoa o
x a $ $ a
wp
a" { g
6 a 4. ` 3 Y IJ o wos ,
6- gp ' og8 y- y B 9 iP{ o
a s ` - G" c Wo W' a.' o " J '"` i
F
aa + s _ aks, W, '
W
s a r
F- ; W
9 oj
e 3a ? _ s=y WJ R
s_ mJo €
g § aEa e a Wo" ' e
n rc { S" 8
J' ''
o' ' 3, y^ an 3" W 4 '` '' E" " 9 '`'
n
e
g
a
x ,
g. a - .. e.^ W=
3 a p ' o
J
y
d^ _
g
3 <,_ € W
e
g; _ e$ a=
9` a a° F b n g,.
s . ^ ag rr e s "' t s aK z z
s` a , ¢ a., ff Y „ x §
r`
o'- e a= o _ '. __ "
W _ " §
o
qY- . e. n' S x _ 3 ° a 3 ° a Y a 4
W'
o
F,
rS s
g. s
y =
a o$
a:= o . c€ s
s
W .. Wa fa ;
o
a! 3_ 32 s . a
g
a" S o° go 3 o e § e„ W> o - o
on s a=,
s a° , ta 3 o
o
3` a §. aff a. , <„
o
o
q 6j d§ g ;
o s
W te z
u „.
n
g a= a ", _ 4- g aC Eg a4 00
3ff3 B a K a3 b Y x: j i a e s ; ? _
n A . . ,. <. s - - " -- - R n fi a c e s x a a e _ .
A
R R R
g
a .. i !+
t
m
7 p
F-- 6
3 a, '
O ¢ ar u
s 3
s ¢
F x g '_ N
W g g _ ; so o ,;
L g g --' g9
o "`'
u== Wo
W
t< c„ a '
jj ° ~
e d
Z ' S z c'
z
o<
e
e
N
a
e
Y
R
s Y' a g
c
a
a 3 Wg
@x
5 a
V
m - - r
e a
a C; 5 .- Yn
K n
11 ,
c
o $
f
g
a W_
y gy Q
z
o
J
4 J
Z
N
a l+1 N
W;. W
o oa , o
k
k 6 b
g W, 6 § ff Ys"= t a a s s
t g sai
y F
Y
y6 F a
4m l i • R t'
sa; 3f - ' > s R`
g
S
z F r 6a° 3
e
3 3
p
S
6 A
9 i j°x g
2 ~
Y gf' g b g
e Wm
b q5 K g
W o . y n
j
S 6 '- y^ « c : s e
eak a - $
g
r
p
g - a ; b p
y q
d sa
ia: d
Z
3! ' yka e Y 9 a= Y k m d 6
o g a Y
a o f _ a
g
t" r
o 9 t 3 i i t _
e
r . 6. g; ,
e a § a
1 ' II Ilp llll
3"
iii n iiiiiiii'. 9 ff
ni u muim o
x ffi r 9Y 3
mui npnn E
8 a
R A _
i 6 hi z } ~ ? b
ni n imnn
i € ` 9 $ ff u R
4 , "
Z 5 2E g ` g a
z
y
zk i 6 £
N
o
g
M1 ^
s 5 s q
x d ° 5 ° eWa
8 e
5 w
t & •
t a. = a § p
o € s c, 4 K z g c
2 6 6 g € WW g J
b W
U C 4N 3 '[ 9 o ep g
ax- -
U
a
a s 33 li
v' Q e e a a
i ¢ <
W
4 9
W
n . +
3 P
3 `.". j
w
p s = .. a a
a w a
A
3 ==
a
A R
o S a
N 6a ..-. 3g x ' e
j g og o
M
L W ` g
g
a e 3° a W R 6 S
C e$ W
i
r '
Z S W
W
o< r
e N
8 r
c 3y
a
a,
r, iti ..
ng
o
E
Q
i gPC
YK- 1
E^
i5 yy
A i L
G 66 5. £ ' I.
C
Q 3':
K
g a
W ff 3 d t7
u
2 t-r .., X
y. a e= z
s
f
w z € W g
S " s
z 5 z 5 Y E t" E=
m m a , § § ..- Sa
a
v ° °
y `; gj V 9
o'
V V ¢¢ kg 3T ¢$ 3 8 ` - Y 3
Z
m cb
a E' s 7 R s iii V
o
o
m n v
E
j r
o
g
B
8 3 „ W;, o W
W
y
W a
Y s W
r [[ Y g O- 4a ": ass "
8 d :
t
Y,
g I I
2 Y
u
C
L
o d
a
gg rIY C : bb 8
g
s i5 5 Q
6e Z
n f'u a
a
oc
s'
m F I € a=¢ ' F' gd` a e
Fg g V "=_ e
L
u.
ooqi; O
7 z n e¢ a O" 4 Z E_ I W`_ >
a z
s ag v _
a
a Y g o
g r r
a §
O " W L
I Y " a
Fv
e Y
J
r-- p $$ W _., Q 2Q E m J TTT/ 9$q
c4H a gf W pj Y f
8 q W l 3 E8 92 U
W s i3$ W 3` x 6
a' d
Z 3 d
a
R R A
g q
y 9 o a. t
n, c+ o i
N 3Je o
a _
T—
g
w —' m ¢ 80 i
L gzo$ " 5 W ¢ 6P Z=
x i F
a S o
t
l9 N
gog 5
x
y- 3
7 v i! 3 3 7
r
xF W xF 3
g k
r'
ig t i _
3 9 J
g
b
e i
c S
d ;
o o +
ee W J
Y 3 o
g`. s
O W ^ O t
o a
a Y
m 5 C£$ jo " gg
z YE, &,
5' \ Z
8 i a
Q C7 CS 7
ro u er
5 F i W
MM 5!
o
ao s d 3
ec
r
aE
E ,
y
J
Z W
U y
4 , Z U
W o
o
o
y °
Y a u
Cl
Q
R
J
4 °
Z
I €
0 V/ V 3° Z
a c, r
ro
Y
r
Y
o S g 33 y R s 3 a "
Y
J
d " 8 x ¢ o 6
e '< "` s m
e
g€= ri :
g ? z s ' g a d 2 W
t
t F3 g #
93E ? R Y 8 g yo
3 $'
d g;§
g"
a
g
B 3 nyj< a o ' $ k
ff s &
a sso z- 3
t & ; W o ° 4' "-
o
Y $ G o ;
g W a$ s
4 my ga W Q s
o e a $
s aY
a
b e , xj o :
a E ; sb o
a
g 3 s°§ _$ g g
a $ o G d ^;
C
o; a
g
a m
tl °$ ` Y
n ff" < §
W
i+ _ e: 3 j
3 ' g - x o_ : g
4, o g _ a = W'. o . gg 3e3- C" ae o
Y E 3 } S o . -_ a aX pr ' 3'• ` ; 9
6 Z
g
a ' py ; gg ¢ S3
e g $ -( g rs K : B §
g°F, e d 3, a g „
i .
p
i
d i$
C Y
b< Ok 1
Y
X'
d
7 '( j ` WJn ¢ y
u(
i ` gV 3
n 6 Pi Z
a
8 e W j n ' x s
x
j
s oB r 3Y€ e j$ o o
i € ` j „ . < " s a '
e s a$ < n A . . . e _ = a s c R F IC A F F 0
A R A A
Y
g
r——! d a
N 8; e3
e g Z N
a
i
d g —_~—+ a a 6 C 34 a g ' ' " e
z 5
a o
R
ol u
y
O
3 s J
fi
b
f
g
a 5 y,'',/ s:
r i `` p
e
a a . tf \1
y I 1
t"sv a ' xn Y 9
a§ ii
a r Y `
t' ----
i f
F Qga E
5p 3 6
3 Q
j; ` P P
i =
8 g e
i i i
g g
1 ; Yf I_ 1-1-- r-- t ft——r f----f
a r
h
I I 11 I I
r
rr g @ ' I I II 1
k; 6 i i ii i i
Ja '" b b ' d d S
y
bb J 0
ye
j °
r
LfY i Y i MI j
ov _:_ _ S
N
i
S g
aS
s
x
r
0 Q
0 Q
y
p
0 o- C
O
p O
I j
e
b
m 6 t
i G € g %
3 9 $ Y
EXHIBIT 11
ENVIRONMENTAL DISCLOSURE
Landlord represents and warrants that the Property, as of the Effective Date of this Agreement, is free of hazardous substances except as follows:
1. NONE.
167288092vi Verizon Site( Cirrus Court) Option and Tower Lease Agreement EXHIBIT 12
STANDARD ACCESS LETTER
FOLLOWS ON NEXT PAGE]
167288092v1 Verizon Site( Cirrus Couri) Option and Tower I.ease Agreement Landlord Letterhead]
DATE
Building Staff/ Security Staff
Landlord, Lessee, Licensee
Street Address
City, State, Zip
Re: Verizon
Dear Building and Security Staff,
Please be advised that we have signed a lease with Sacramento- Val( ey Limited Partnership, dba Verizon Wireless(" Verizon") permitting Verizon to install, operate and maintain telecommunications equipment at the properiy. The terms of the lease grant Verizon and its representatives, employees, agents and subcontractors(" representatives") 24 hour per day, 7 day per week access to the leased area.
To avoid impact on telephone service during the day, Verizon representatives may be seeking access to the property outside of normal business hours.
Please grant the bearer of a copy ofthis letter access to the property and to leased area. Thank you for your assistance.
Landlord Signature
167288092v1 Verizon Site( Cirrus Court) Option and Tower Lease Agreement EXHIBIT 24( b)
MEMORANDUM OF LEASE
FOLLOWS ON NEXT PAGE]
167288092v1 Verizon Site( Cirrus Courl) Option and Tower Lease Agreement Doc iJ: 2023- 016055
03/ 01/ 2023 12: 04: 29 PM
Page: 1 of 6 Fee: $ 37. 00
Steve J. Bestolarides
Recording Requested By San Joaquin Cou ty Recorders
When Recorded Return To: Paid By: SHOWN ON DOCUMENT
CITY OF T OP IIII L, M' L'+ L' II III
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
APN: 210- 210- 010
Space Above This Line For Recorder' s Use Only)
City of Lathrop
County: San Joaquin
MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on February 16, 2023, by and between the City of Lathrop, a California municipal corporation, having a mailing address of 390 Towne Centre Drive, Lathrop, CA 95330(" Landlord"), and Sacramento- Valley Limited Partnership, dba Verizon Wireless, a California limited partnership, having a mailing address of One Verizon Way, Mail Stop 4A100, Basking Ridge, New Jersey 0792U, Attention: Network Real Estate(" TenanY').
1. Landlord and Tenant entered into a certain unrecorded Option and Tower Lease Agreement dated as of February 16, 2023 (" Agreement"), for the purpose of installing, operating and maintaining a communication facility and other improvements. All of the foregoing is set forth in the Agreement.
2. The initial lease term will be ten ( 10) yeazs commencing based upon the effective date of written notification by Tenant to Landlord of Tenant' s exercise of its option, with fow( 4) successive automatic five( 5) year options to renew.
3. The portion of the land being leased to Tenant and associated easements are described in the Agreement, attached hereto as Exhibit 1.
4. The Agreement gives Tenant a right of first refusal in the event Landlord receives a bona fide written offer from a third party seeking an assignment or transfer of the Rent payments associated with the Agreement.
5. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successots, and assigns, subject to the provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as ofthe day and year first above written.
LANDLORD: TENANT:
City of Lathrop, Sacramento- Valley Limited Partnership, dba Verizon a California municipal corporation Wireless
g • By: AirTouch Cellular Inc.
Name: ephen J. Salvatore Its: General Pa er
Its: City Manager
Date: Z' te• Z3 BY:
Name: Hartong( Fred) Zhu
Its: Executive D recto
Date: 2 Z
By:
Name: Salvador Navarretc
Its: City Attorney
Date: Z! O - LD Z, 3
ACKNOWLEDGMENTS APPEAR ON FOLLOWING THREE( 3) PAGESJ
LANDLORD ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of CaliforniaS a.jv n
County of
On 1' C v u 020 beforeme, CT f a 5 ' `/ '/ l/
insert name and title of the officer)
personally appeared ' - Sal 7v
who proved to me on the basis of satisfactory evidence to be the person whose name is/ subscribed to the within instruinent and acknowledged to me that he/ sr(altl s3c executed the same in his/ 4fieir authorized capacity(, and that by his/ k SLt au' signature( on the instrument the person( or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Seal)
TERESA VARGAS
Notary PubHc- Calltornia
San Jo quin County
Commission K 2277t 30
My Gomm. Explres Mar 9, 2023 +
r w r r
TENANT ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only tlie identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of Califomia
County of 0Y1}' 1r' C jS^} Q
On Z' E},>>^ iJQ rT . 202.3 before ne, C D 2 LQ' 1701 eQ f 0 N G Ar y Pu 1 l cJ insert naine and title of the officer)
personally appeared 1'" 1 a 1 G n I ' 1V
who proved to me on the basis of satisfactory evidence to be the person e'j whose name s subscribed to the
within instrument and ack wledged to ine that e/ t y
executed the same i is r/t tr authorized
capacity( j), and that b i r/tl ir signaturef on the insh•ument the person j, or the entity upon behalf of vhich the person acte , executed the instrument.
I certify under PENALTY OF PERNRY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
NfCOLE LONGYEA
Signah re
Seal) NoWry Public• C lHorma
Contn Costa County
Commissio s 227l104
My Comm. Expires Mar 22, 2023
CALIFORNtA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validiry of that document.
State of California
County of + 7c7G1
On U( L' J before me, W I Y.kil Ci1f1 r
v'` ,
Dote Here Insert Name and Tiile of t e O cer
personally appeared U` r ` @lliti' v
Name(s) of Signer(sJ__
who proved to me on the basis of satisfactory evidence to be the person( whose name( is re subscribed to the within instrument and acknowl g
ed to me tha she/ they executed the same in is her/their authorized capacity( i, and that by(hi her/ their signa ure( on the instrument the person ), or the entity upon behalf of whic( the person(`) ac ed, executed the insfrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
TA M`INA tAF 80LD
ara ra h is true and correct.
roon w+c• ts ttam+a P 9 P
san 4+ CouM7r
c: s a+ z. ouss WITNESS my hand and official sea.
My coTIR.. wn u. mu
Signature
Place Notary Seol and/or Stamp Above i nature of Notory PubliC
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended documeni.
Description of Attached Document
n
Title or Type of Document: M cI' m 1[)
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity( ies) Clalmed by Signer( s)
Signer' s Name: Signer' s Name:
Corporate Officer— Title( s): Corporate Officer— Title( s):
Partner— Limited General Partner— Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian of Conservator Trustee Guardian of Conservator Other: Other:
Signer is Representing: Signer is Representing:
02017 National Notary Association
1 EXHIBIT 1
TO MEMORANDUM OF LEASE
DESCRIPTION OF PROPERTY
The Propertv is legally described a_s_ follows:
THE LAND REFERRED TO HEREIN BELOW IS SITLJATED IN THE C1TY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Being a portion of Farccl l, as said parcel is shown on the map entitled" Tract 3876, River Islands, Phase 1B, Large Lot Final Map", filed March 31, 2016, in Book 42 of Maps and Plats, at Page 56, official records of San Joaquin County, more particularly described as fol(ows:
BEGINNING at a point on the East line of J7 court, as said court is described in Document No. 2020- 0? 6610, of Official Records of San Joaquin County;
Theuce along said East line, along a curve to the left, having a radius of 56. 00 feet, from which point the radius point bears South 50° 36' S8" West, through a central angle of OS° 11' 29", an arc distance of 5. 07 feet; Thence, along a reverse curve, having a radius of 17. 00 feet, through a central angle of 44° 34' 31", an arc distance of 13. 23 feet;
Thence, North 24. 30 feet; thence, leaving said East line, East 90. 00 feet; thence, South 40. 00 feet; thence, West 81. 72 feet to said point of beginning.